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MIGRATION - Application for costs - Applicant to pay Respondent's costs.

VCAM v Minister for Immigration (No.2) [2003] FMCA 226 (24 January 2003)

VCAM v Minister for Immigration (No.2) [2003] FMCA 226 (24 January 2003)
Last Updated: 1 July 2003

FEDERAL MAGISTRATES COURT OF AUSTRALIA

VCAM v MINISTER FOR IMMIGRATION (No.2)
[2003] FMCA 226



MIGRATION - Application for costs - Applicant to pay Respondent's costs.

Judiciary Act 1903 (Cth), s.39B

Federal Magistrates Court Rules 2001



Applicant:
VCAM



Respondent:


MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS



File No:


MZ 552 of 2002



Delivered on:


24 January 2003



Delivered at:


Melbourne



Hearing date:


29 October 2002



Judgment of:


Bryant CFM



REPRESENTATION

Counsel for the Applicant:


Mr Fernandez



Solicitors for the Applicant:


T A Fernandez



Counsel for the Respondent:


Mr Gilbert



Solicitors for the Respondent:


Clayton Utz



ORDERS

(1) THAT the Applicant pay the Respondent's costs fixed in the sum of $6,800.



FEDERAL MAGISTRATES

COURT OF AUSTRALIA AT

MELBOURNE


MZ 552 of 2002

VCAM


Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS




Respondent


REASONS FOR JUDGMENT

1. The issue before me is an application by the respondent for an order for costs. It arrises in circumstances in which the applicant's application pursuant of section 39B of the Judiciary Act 1903 (Cth) for prerogative relief in relation to a decision of the Refugee Review Tribunal. The application was dealt with and judgement delivered on the 24 January 2003. The applicant was unsuccessful.

2. An order was made at that time that the respondent has liberty to apply in relation to costs within 30 days.

3. The respondent has provided written submissions in support of an application for costs in the amount of $6,800. That application includes a schedule of events and a breakdown of costs.

4. The applicant has responded in writing opposing the making of an order for "the entire costs in the respondent's favour" and issue was taken with the calculation of costs. The applicant has not advanced any further basis for objecting to the quantum of costs, and having regard to the submissions of the respondent I am satisfied that the amount sought is in accordance with the Federal Magistrates Court Rules 2001 and is an appropriate sum based on the work done on this case. Accordingly I propose to allow the costs as sought at $6,800 and we should do an order that the applicant pay the respondent's costs fixed in the sum of $6,800.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Bryant CFM

Associate: Peter Smith

Date: 6 June 2003
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